Indian_Real_Estate_Law (2)

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The Indian Easements Act, 1882
1 Short title. -This Act may be called the
Indian Easements Act, 1882. Local extent. -It
extends 1 to the territories respectively administered
by the Governor of Madras in Council
and the Chief Commissioners of the Central
Provinces and Coorg; Commencement -And
it shall come into force on the first day of
July, 1882. (1) Ajmer -Merwara by notification
under section 5 of the Scheduled Districts
Act, 1874 (14 of 1874), see Gazette of India,
1897, Pt. II. p. 1413; (2) Bombay and the
U.P. by Act 8 of 1891 and continues in force,
with modifications in the territory transferred
to Delhi State, see the Delhi Laws Act, 1915
(7 of 1915), sec. 3 and Sch. III; (3) Whole
of Madhya Pradesh by Madhya Pradesh Act
23 of 1958; (4) Punjab by Punjab Act 29 of
1961. (5) Kerala by Kerala Act 5 of 1962. (6)
Pondicherry by Act 26 of 1968, sec. 3 and Sch.
The Act has been repealed in its application
to Bellary District by Mysore Act 14 of 1955.
2. Savings.-Nothing herein contained shall be
deemed to affect any law not hereby expressly
repealed; or to derogate from- (a) any right
of the 1[Government] to regulate the collection,
retention and distribution of the water of
rivers and streams flowing in natural channels,
and of natural lakes and ponds, or of the water
flowing, collected, retained or distributed in or
by any channel or other work constructed at
the public expense for irrigation; (b) any customary
or other right (not being a license) in
or over immovable property which the 1[Government],
the public or any person may possess
irrespective of other immovable property;
or (c) any right acquired, or arising out of a
relation created, before this Act comes into
force. 1[3. Construction of certain references
to Act XV of 1877 and Act IX of 1871.-All references
in any Act or Regulation to sections 26
and 27 of the Indian Limitation Act, 18772, or
to sections 27 and 28 of Act No. IX of 18713,
shall, in the territories to which this Act extends,
be read as made to sections 15 and 16 of
this Act.] 4 "Easement" defined. -An easement
is a right which the owner or occupier of certain
land possesses, as such, for the beneficial
enjoyment of that land, to do and continue to
do something, or to prevent and continue to
prevent something being done, in or upon, or
in respect of, certain other land not his own.
Dominant and servient heritages and owners. -
The land for the beneficial enjoyment of which
the right exists is called the dominant heritage,
and the owner or occupier thereof the dominant
owner; the land on which the liability is
imposed is called the servient heritage, and the
owner or occupier thereof the servient owner.
Explanation. -In the first and second clauses
of this section, the expression "land" includes
also things permanently attached to the earth;
the expression "beneficial enjoyment" includes
also possible convenience, remote advantage,
and even a mere amenity; and the expression
"to do something" includes removal and appropriation
by the dominant owner, for the beneficial
enjoyment of the dominant heritage, of
any part of the soil of the servient heritage, or
anything growing or subsisting thereon. Illustrations
(a) A, as the owner of a certain house,
has a right of way thither over his neighbour
B’s land for purposes connected with the beneficial
enjoyment of the house. This is an
easement. (b) A, as the owner of a certain
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